Property law
Querist :
Anonymous
(Querist) 14 November 2011
This query is : Resolved
Sir,
A purchased property from B thru ATS and a Will was also registered by B in favour of A . an arbitration agreement was also entered between A and B in respect to the said property . But before allotment could me made B expired . A filed probate case and filed list of relations as X as known LR of B . notice issued . public notice in news paper published as per court direction . X appeared on first date . after that none appeared on behalf of X . Ex parte LOA was granted after completing all formalities. Now Y is claiming to be the only LR of B . It has been revealed that X was not even the LR and he played fraud . Now A and Y are together .
Now in order to perfect the title shud A file a suit for declaration of being the legal owner of the Will probated by court.
Who will be the proper parties to the suit .
Whether only Y should be made the party
Whether X shud also be made party to the suit for declaration even when he is not the real LR of B but he was in the list of relations in the probate case .
Further can the declaration claim be referred to Arbitrator since there is an arbitration clause.
Does the Arbitrator have the power and jurisdiction to decide declaration of ownership of property .
Any other legal remedy . Please advise
Raj Kumar Makkad
(Expert) 07 January 2012
All parties impleaded in the earlier suit are proper parties to be impleaded in the fresh case. Matter may also be referred to arbitration and its award can be final but it shall be better to get it converted as a decree of court.
